November 30, 2008

Frivolous

Triune
Star sued Disney, LG Electronics, and others, for infringing
6,122,521, which claims an infrared cell phone camera. Triune conceded that
defendants didn't have such a product, thus didn't literally infringe. Due to
prosecution estoppel, Illinois district court Judge Mihm blew off the possibility of doctrine of equivalents. He then pitched the case as frivolous, and
sanctioned Triune, granting defendants attorneys fees and costs.

The judge noted that a reasonable presuit investigation would have revealed
the accused devices were non-infringing as a matter of law.

Rule 11 sanctions are rare. While patent defendants often feel they've been
sued without good reason, there's typically not much they can do but eat the
expense of slugging it out.